Industrial Illness and Personal Injury Compensation Claims – Get the FACTS

April 17, 2023 0 Comments

This article will briefly outline the key things you need to know if you are considering making a personal injury claim for a work-related illness, disease or injury within England or Wales.

F is for first aid (medical evaluation)

If you have suffered a personal injury or developed an illness on the job, first make sure you receive proper first aid on the scene.

Visit your primary care physician or other medical professional, as appropriate, and tell them about your injury or illness. Explain how it happened, how you work and the work environment. In addition to providing you with proper treatment and care, your caregivers must be able to diagnose and/or refer you for a medical opinion about the cause of your injury or illness, i.e., is it work-related or caused for her. . They can also offer advice on how to protect yourself from further harm.

If you are away from work for more than 1 week due to your injury or illness, your GP will also provide you with a Declaration of Fitness for Work (adjustment note) previously a sick note, if necessary.

A is for accident book

Report your injury or illness to your employer as soon as possible. For injuries or accidents at work, be sure to record the incident in the accident book. It is important to report your injury or illness to your employer, as they may be able to take steps to help protect you or prevent further injury. It also establishes an official record of the incident.

C is for contacting a lawyer for advice on your claim

Contact a specialized lawyer for advice on whether you can make a claim for compensation. It is law that your employer must take reasonable steps to protect you from harm on the job, particularly when the hazards are known. If you are injured or develop an illness, whether through the act or omission of your employer, you may be entitled to claim compensation.

Many lawyers will offer free initial advice on whether you can claim. They will be able to advise you on the probability of success of your claim and the compensation you may receive. They will also explain the steps involved in filing a claim and what to do next.

T is for time scales

The Limitation Act 1980, applicable to England and Wales, sets time limits within which action must be taken in relation to accidents or illness causing personal injury. The Act states that personal injury claims must be filed within 3 years of the date the incident or accident occurred or the date of first knowledge or diagnosis of an illness.

However, if the claimant is under the age of 18, they will have up to 3 years after their 18th birthday to file a claim, that is, until the day before their 21st birthday.

In essence, the sooner you act, the better. Claims that are within a few months of the due date are less likely to be accepted by an attorney because of the time it takes to prepare a case.

All claims are different, and the time required to process the claim depends on many factors, including the type of illness or injury, how serious it is, and the actions of the opponent/defendant that may or may not present a defense against the claim. A simple case can take a few months. However, in more serious and complex claims (particularly claims related to industrial diseases) this period can be extended to several years.

S is for Lawyer Specialist = Success

By using a personal injury attorney, you will have a better chance of success with your claim. An expert in the field specific to your type of injury will ensure that he has the support, knowledge, and experience necessary to get you the maximum compensation you deserve as quickly as possible.

If you are thinking about filing a personal injury compensation claim, then you need to know the FACTS!

F is for First Aid – Obtain first aid and medical evaluation of your illness or injury.

A is for accident book – Report your illness or injury to your employer as soon as possible.

C is for contact – contact a personal injury lawyer for advice on whether you can make a claim for compensation.

T is for time scale – You must act within 3 years from the date of knowledge of the illness or injury.

S is for Lawyer Specialist = Success – Use a specialist lawyer for your maximum chances of success.

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